§3480. Investigations

1.Subpoenas and obtaining criminal history.
The commissioner, his delegate or the legal counsel for the department may:

A. Issue subpoenas requiring persons to disclose or provide to the department information
or records in their possession that are necessary and relevant to an investigation
of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective
proceeding, including, but not limited to, health care information that is confidential
under section 1711-C.

(1) The department may apply to the District Court and Probate Court to enforce a
subpoena.

(2) A person who complies with a subpoena is immune from civil or criminal liability
that might otherwise result from the act of turning over or providing information
or records to the department; and [2003, c. 653, §15 (AMD).]

B. Obtain confidential criminal history record information and other criminal history record information under Title 16, section 703, which the commissioner, the commissioner's delegate or the legal counsel for the
department considers relevant to a case of alleged abuse, neglect or exploitation. [2013, c. 267, Pt. B, §17 (AMD).]

[
2013, c. 267, Pt. B, §17 (AMD)
.]

2.Confidentiality.
Information or records obtained by subpoena shall be treated in accordance with section
3474.

[
1981, c. 527, §2 (NEW)
.]

3.Right of entry and access to records of licensed facilities.
The department and any duly designated officer or employee of the department have
the right to enter upon and into the premises of any facility licensed under sections
1817 and 7801 in order to obtain information necessary and relevant to an investigation
of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective
proceeding. The department has access to all records in the facility's possession
that are relevant to the investigation of a report of suspected abuse, neglect or
exploitation and any subsequent adult protective proceeding and is not required to
issue a subpoena to the facility before obtaining access to the records.